Texas Attorney General Opinion: V-570 Page: 3 of 4
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Mr. Gordon H. Lloyd, page 3 (V-570)
and requiring the Association to make no
charge to the public for entering said,
building or museum; and, be it further
"Resolved, That said contract shall
provide that the San Jacinto museum of
History Association, subject to the ap-
proval of the Board of Control, shall
have authority to sell souvenirs and
operate a concession in and about said
building and to make a reasonable charge,
approved by the Board of Control, for
the use of the elevator to the observa-
tion floor of the Memorial Tower; . . ."
The agreement or contract between the Museum
Association and the Board of Control provided, in part,
"This Memorandum of Agreement made
and entered into thi"s dY etwein the
San Jacinto Museum of history Aspocia-
tion an association incorporated under
the laws of the State of l'2as,.artj
of the irit Part, and the- State of
Texas. actgig b and trouzh its Board
of Control, Party of the Spcoad tart
"Whereas, the 50th Legislature, by
Senate Concurrent Resolution No. 35,
authorized the State Board of Control
to enter into a contract'' with th _an
Jacinto Museum of~saitn AssociaT en
as follows: . . .
To be eligible to participate in the Employees
Retirement System benefits, a person must be an employee
of the State of Texas. "Employee has been defined in
the Retirement Act as "any regularly appointed officer
or employee in a department of the State . .' "De-
partment has been defined in the Act as any department
commission. institution or agency of the State overnaent."
Clearly, the San Jacinto Museum of History Association is
not a department within the provisions of Article 6228a.
It is a corporation incorporated under the laws of our
State. The employees of the Association are not employees
of the State but of the Association itself, The contract
between the Association and the State Board of Control,
- - Jok
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-570, text, May 12, 1948; (texashistory.unt.edu/ark:/67531/metapth265389/m1/3/: accessed June 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.